MINUTES OF THE LARIMER COUNTY BOARD OF ADJUSTMENT

(June 25, 2013)

 

            The regular meeting of the Larimer County Board of Adjustment was held in the County Board Hearing Room in the Larimer County Courthouse Offices, Fort Collins, Colorado at 7:00 p.m., June 25, 2013 at which time the following business was transacted. 

 

Board Members Present:         Carol Dowding, Alan Cram, Jeffrey Schneider, Tom            Peterson and Jim Pisula

 

Staff Present:                          Karin Madson, County Planner, and William G. Ressue, Senior County Attorney         

 

Minutes:  Carol Dowding moved and Jim Pisula seconded the Motion to approve the May 28, 2013 Minutes of the Larimer County Board of Adjustment as presented. Board members Carol Dowding, Alan Cram, Jeffrey Schneider, Tom Peterson and Jim Pisula voted in favor of the Motion.  The Minutes were unanimously approved.

 

Findings and Resolutions:  Carol Dowding moved and Tom Peterson seconded the Motion to approve the following Findings and Resolutions: Sundheim Setback Variance (#13-BOA0940), Daley Amended Setback Variance (#13-BOA0938), and Robinson Setback Variance Extension (#13-BOA0939). Board members Carol Dowding, Alan Cram, Jeffrey Schneider, Tom Peterson and Jim Pisula voted in favor of the Motion.

 

 

Applications:

 

A.        Consent Applications

 

The following applications were approved by consent:

 

File No:                       #13-BOA0942  (Lyons Amended Setback Variance)

Owners/Applicants:    Gail & Harley Lyons  

 

Request: The Application of Gail and Harley Lyons, requesting a variance, was presented to the Board.  The Application requested a setback variance to allow a new home to be located 11 feet from the road/property line rather than the required minimum of 25 feet, and to be located 27 feet from a stream rather than the required minimum of 100 feet in the FO-Forestry zone.

 

Action:  Carol Dowding moved and Jim Pisula seconded the Motion to approve the Application with the following conditions:

           

            1.         Failure to comply with any conditions of the variance approval may result in reconsideration of the use and possible revocation of the approval by the Board of Adjustment.

                     

            2.         This approval shall automatically expire one year from the date of this Resolution unless prior to expiration the Applicants (a) take affirmative action consistent with this approval, OR (b) submit a written request showing good cause to extend the one year time limit.

 

3.         All future additions or buildings that would be within setbacks as defined in the Land Use Code must go through the proper county review and planning process prior to construction.

 

4.         After the applicant applies for a building permit but prior to foundation pour, the Larimer County Building Department must be provided with a written certification by a Colorado Licensed Land surveyor that the proposed structure is located where shown on the Larimer County approved Plot Plan for this Department.

 

5.         During the construction of the house, erosion control measures must be used to eliminate any silt or materials from entering the drainage way.  In addition, all disturbed areas must be properly revegetated as soon as practicable.

 

6.         No garage doors or parking area are allowed along the front side of the residence facing the road. 

 

Board members Carol Dowding, Alan Cram, Jeffrey Schneider, Tom Peterson, and Jim Pisula voted in favor of the Motion.  The Application was approved with conditions. 

 

 

File No:                       #13-BOA0943  (Salisbury Setback Variance)

Owners/Applicants:    John F. & Susan E. Salisbury 

 

Request:   The Application of John F. and Susan E. Salisbury, requesting a variance was presented to the Board.  The Application requested a setback variance to allow a garage to be located 40’9” from the centerline of the road rather than the required minimum of 70 feet in the FA-1 Farming zone.

 

Action: Carol Dowding moved and Jeffrey Schneider seconded the Motion to approve the Application with the following conditions:

           

            1.         Failure to comply with any conditions of the variance approval may result in reconsideration of the use and possible revocation of the approval by the Board of Adjustment.

           

            2.         This approval shall automatically expire one year from the date of this Resolution unless prior to expiration the Applicants (a) take affirmative action consistent with this approval, OR (b) submit a written request showing good cause to extend the one year time limit.

 

3.         All future additions or buildings that would be within setbacks as defined in the Land Use Code must go through the proper county review and planning process prior to construction.  This may include additional variance requests for the above mentioned structures that do not have building permits or inspection approvals.

 

4.         After the applicant applies for a building permit but prior to foundation pour, the Larimer County Building Department must be provided with a written certification by a Colorado Licensed Land surveyor that the proposed structure is located where shown on the Larimer County approved Plot Plan for this Department.

 

5.         Garage doors for the proposed detached garage shall not open to the east towards County Road 3F. 

 

Board members Carol Dowding, Alan Cram, Jeffrey Schneider, Tom Peterson and Jim Pisula voted in favor of the Motion.  The Application was approved with conditions. 

 

 

File No:                       #13-BOA0944  (Schiaffo Setback Variance)

Owner/Applicant:       Lisa M Schiaffo

 

Request:   The Application of Lisa M Schiaffo, requesting a variance was presented to the Board.  The Application requested a setback variance to allow a garage to be constructed 6 feet from the rear property line rather than the required minimum of 25 feet in the FO-Forestry zone.

 

Action:  Carol Dowding moved and Jeffrey Schneider seconded the Motion to approve the Application with the following conditions:

           

            1.         Failure to comply with any conditions of the variance approval may result in reconsideration of the use and possible revocation of the approval by the Board of Adjustment.

           

            2.         This approval shall automatically expire one year from the date of this Resolution unless prior to expiration the Applicant (a) takes affirmative action consistent with this approval, OR (b) submits a written request showing good cause to extend the one year time limit.

 

3.         All future additions or buildings that would be within setbacks as defined in the Land Use Code must go through the proper county review and planning process prior to construction.  This may include additional variance requests for the above mentioned structures that do not have building permits or inspection approvals.

 

4.         After the applicant applies for a building permit but prior to foundation pour, the Larimer County Building Department must be provided with a written certification by a Colorado Licensed Land surveyor that the proposed structure is located where shown on the Larimer County approved Plot Plan for this Department.

 

Board members Carol Dowding, Alan Cram, Jeffrey Schneider, Tom Peterson and Jim Pisula voted in favor of the Motion.  The Application was approved with conditions. 

 

 

 

 

 

 

File No:           #12-BOA0901  (Turner Setback Variance Extension)

Owner:                        Lorraine Turner

Applicant:       Max Leetzow 

 

Request:   The Application of Max Leetzow, requesting an extension, was presented to the Board.  The Application requested an extension of time for compliance with the original Turner Setback Variance (#12-BOA0901) approval.  The variance allowed expansion of a nonconforming structure that is setback 17 feet from the front property line rather than the required minimum of 25 feet in the O-Open zone.

 

Action:  Carol Dowding moved and Jim Pisula seconded the Motion to approve the Application with the following conditions:

           

            1.         Failure to comply with any conditions of the variance approval may result in reconsideration of the use and possible revocation of the approval by the Board of Adjustment.

           

            2.         This approval shall automatically expire one year from the date of this Resolution unless prior to expiration the Applicant (a) takes affirmative action consistent with this approval, OR (b) submits a written request showing good cause to extend the one year time limit.

 

3.         This variance is only for the building(s) as submitted with this variance application.  All future buildings, additions, and improvements must meet County setback requirements.

 

4.         Prior to foundation pour, the Larimer County Building Department must be provided with a written certification by a Colorado Licensed Land Surveyor indicating that the proposed structure is located where shown on the Larimer County approved Plot Plan for this Development.

 

Board members Carol Dowding, Alan Cram, Jeffrey Schneider, Tom Peterson and Jim Pisula voted in favor of the Motion.  The Application was approved with conditions. 

 

 

Adjournment:  The meeting was adjourned at 7:10  p.m.

 

(These proceedings were recorded by audio tape.)

 

                                                            LARIMER COUNTY BOARD OF ADJUSTMENT

 

 

                                                            By:  ______________________________________

                                                                    Chair

 

ATTEST:

 

 

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